New York prosecutors are reopening an investigation into an alleged gang rape involving a former Cornell University student. The decision follows a civil lawsuit filed earlier this month in which the woman, referred to as Jane Doe, claims the university failed to protect her from harm. Tompkins County District Attorney Matthew Van Houten confirmed on Monday that a grand jury will now review the case to determine if criminal charges are warranted, citing new information presented in the civil complaint that significantly differs from the victim’s initial statement to authorities two years ago.
The original investigation into the incident, which occurred in October 2024, resulted in no criminal charges. At that time, officials concluded that the evidence was insufficient to support a prosecution. Van Houten noted that while the initial decision was legally correct based on the information provided then, the grand jury will now consider the former student’s testimony alongside the new claims raised in the lawsuit. The district attorney acknowledged the complexity of such cases, stating that he recognizes the time and healing process required for survivors to come forward with complete details. According to “The decision made in November of 2024 that the evidence did not support the filing of criminal charges was legally correct,” Van Houten, In a statement provided to. “At the same time, I recognize the reality that it can take years of therapy and healing for victims of sexual assaults to fully process and understand what happened to them.”. A photo of a portion of the chat is included in the filing.
The 101-page civil complaint, filed on September 16, names more than a dozen defendants, including Cornell University, the Chi Phi fraternity, and seven individual fraternity members. According to the court filing, Doe was 20 years old at the time of the incident. She alleges she had been drinking at her sorority house and a local bar before visiting a friend at the Chi Phi house on the night of October 19, 2024. The lawsuit claims that by the time she arrived, she had consumed roughly ten standard drinks over a three-hour period. It further alleges that she was pressured into consuming more alcohol and a substance she identified as ketamine. None of the fraternity members have been criminally charged. According to the suit, Doe had already consumed about 10 standard drinks within the past 3 hours when she arrived at the fraternity house. Where the complaint alleges they pressured Doe into taking more ketamine and subjected her to an hourslong assault that continued until approximately 5:45 a.m, multiple fraternity members then entered the room.
A central allegation in the lawsuit is that a fraternity member shared a message in a group chat titled “Chi Phi Actives” at approximately 1:42 a.m., inviting other members to join the assault. The complaint argues this action encouraged further abuse. Doe reported the incident to the Cornell University Police Department on November 8, 2024. While the university suspended the chapter and the seven named individuals, the lawsuit alleges the school permitted those students to mitigate their conduct by submitting essays, a claim the university has officially denied. One of the men allegedly sent a message to the fraternity’s Snapchat group chat – titled “Chi Phi Actives” – stating there was “free p—y” upstairs, at roughly 1:42 a.m. The complaint faults Cornell for failing to properly discipline after the assault, “all the while sheltering them from speaking to law enforcement, and silencing victims.”.
The legal action includes allegations of negligence, breach of contract, sexual assault and battery, and violations of New York’s Human Rights Law. Thomas P. Giuffra, an attorney for the plaintiff, argued that the initial criminal investigation was inadequate, noting that his client had not been contacted by the District Attorney’s office or other investigators following her initial report to university police. Van Houten countered that the victim’s original statement to police had described her participation in drug use and sexual activity as consensual, which was the primary reason charges were not previously pursued.
The case has triggered widespread public response. During a town hall in Ithaca, Rep. Alexandria Ocasio-Cortez criticized what she characterized as a culture of abuse at elite institutions. Similarly, actor Florence Pugh expressed outrage on social media, condemning the protection of male students at the expense of victims’ well-being and offering support to Doe. As the grand jury process moves forward, help remains available for those affected through the National Sexual Assault Hotline at 1-800-656-4673 or via online.rainn.org. Have already sparked widespread criticism and again put a spotlight on how universities handle student claims of sexual assault, the disturbing allegations about the assault of Doe.
